Allahabad High Court
Amar Nath Dwivedi vs Dr. Vedpati Mishra, State Project ... on 20 September, 2019
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- CONTEMPT No. - 1201 of 2017 Applicant :- Amar Nath Dwivedi Opposite Party :- Dr. Vedpati Mishra, State Project Director, Sarve Shiksha Ab Counsel for Applicant :- In-Person Counsel for Opposite Party :- A M Tripathi,Anand Mani Tripathi,Neeraj Chaurasiya Hon'ble Dinesh Kumar Singh,J.
1. The present contempt petition has been filed for alleged violation/non compliance of the judgment and order dated 07.12.2016 passed in Writ Petition No.1629(SS) of 2013 filed by the petitioner.
In the aforesaid writ petition following interim order was passed:-
"But in the present case, we find that the petitioner is retrenched employee of the Spinning Mill and he has been absorbed in Government department on account of the Government policy and on that basis he is continuing on the post in question.
It is to be noted that no objection has been taken in regard to impleadment of the Union of India as party earlier, and secondly the opposite parties have not been able to place on record any document indicating that as to what amount of budget was demanded in respect of salary of the petitioner. As indicated above, the petitioner was receiving regular salary at earlier point of time prior to acceptance of his resignation. Therefore, this Court has only observed that whatever salary was paid to the petitioner prior to submission of his resignation, the same may be paid to him.
In view of the order passed on 5.12.2016, the contractual status of the petitioner has come to an end on account of the fact that his resignation has been cancelled.
In the changes circumstances, the opposite parties are obliged to pay regular salary to the petitioner as it was being paid to him at earlier point of time.
Learned Standing Counsel may seek instructions in respect of the absorption of the petitioners in any government department.
List this case on 19.12.2016."
2. Pursuant to the notice issued in the present contempt petition, an affidavit of compliance of Mr.Shrawan Kumar Gupta, District Basic Education Officer, Ghazipur has been filed.
In compliance of the aforesaid order, District Basic Education Officer vide letter dated 27.09.2017 informed State Project Director in respect to compliance of the interim order passed by this Court. Thereafter, an amount of Rs.14,75,643/- has been paid with respect to arrears of salary with effect from December 2014 to August 2017 and Dearness Allowance arrears from July, 2015 to November 2015 have also been paid to the petitioner. Thereafter, the petitioner's services have been terminated vide orders dated 01.06.2019, 01.07.2019 and 25.07.2019 which have been passed by the State Project Director, District Basic Education Officer and Secretary/General Manager Sahkari Katai Mills Ltd. Amroha. The petitioner has filed Writ Petition No.21517(SS) of 2019 challenging these orders.
3. In view of the fact that the petitioner has been paid Rs.1475643/- and the writ petition is still has to be finally decided, nothing survives in this petition which is hereby dismissed as having been rendered infructuous.
Contempt notice stands discharged. It would be open to the petitioner as well as the respondent to urge their case before the writ court where the writ petitions are pending in respect of entitlement or disentitlement of the petitioner for continuance of the service as well as payment of any other emolument.
Order Date :- 20.9.2019 prateek